Four years after Ott was convicted, attorneys at the Wisconsin Innocence Project began working on his case. The Innocence Project, a University of Wisconsin Law School program that investigates allegations of wrongful convictions, called for DNA testing of the semen collected from [the victim's] body. The DNA evidence, which excluded both Ott and Hadaway as possible contributors, matched a convicted serial killer named Walter Ellis who strangled and killed at least seven women between 1986 and 2007.
Filed in InnocencePermalink
This article sketches the socio-legal creation, use, and regulation of informants in the Black community during slavery and the Black community's response at that time. Despite potentially creating benefits such as crime control and sentence reduction, some Blacks today are convinced that cooperation with government investigations and prosecutions should be avoided. One factor contributing to this perspective is America's reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights Movement, and the Wars on Drugs, Crime and Gangs. Notwithstanding this historical justification for non-cooperation, only a few informant law and policy scholars have examined closely the Black community's relationship with informing. Furthermore, even among this small group of works, noticeably absent are historical explorations of Black America's experience with informing during slavery. Drawn using a variety of primary and secondary historical and legal sources, this article develops a snapshot of the past revealing many similarities between the Black experience with informing both while enslaved and in contemporary times. Consideration of these resemblances during present debate on the topic may help to facilitate nuanced conversation as to whether and how the modern Black community and government should approach using informants in current times.This is an important piece of history. As Dennis points out, there has been an underappreciated trajectory from slave informants to the FBI snitches planted in civil rights organizations, to the "Stop Snitching" movement in urban neighborhoods. For a helpful articulation of the relationship between that trajectory and hip hop's glorification of "stop snitching," see Professor Mark Lamont Hill's piece "A Breakdown of the Stop Snitching Movement."
Plaintiffs harmed by informants often have a difficult time holding government actors and agencies responsible in court, since it can be hard to show that the government authorized the informants' bad behavior. For a prominent counter-example, see Estate of Davis v. U.S., 340 F.Supp.2d 79 (D. Mass. 2004) (describing a variety of legal theories under which the FBI might be held liable for murders committed by their informants Whitey Bulger and Stephen Flemmi). With growing scrutiny of and information about the government-informant relationship, the law in this regard may be due for a change.
Filed in InternationalPermalink
"The FBI routinely authorizes its confidential informants to engage in so-called 'otherwise illegal activity' without full disclosure to Congress as to the nature and extent of these crimes," said Congressman Lynch. "By revising the current guidelines governing the use of FBI confidential informants to require the FBI to report to Congress on the specific crimes committed by its human sources, the Attorney General would take a significant step towards ensuring greater accountability, transparency, and safety regarding the administration of Department of Justice confidential informant programs." Lynch, a senior member of the House Committee on Oversight and Government Reform, has continually supported enhanced accountability and transparency in the use of government confidential informants. In the 113th Congress, he has introduced H.R. 265, the Confidential Informant Accountability Act of 2013, legislation that would require all federal law enforcement agencies to report to Congress all serious crimes committed by their confidential human sources. In addition, Lynch has consistently called for the Oversight Committee to conduct hearings regarding the use of confidential informants by the Department of Justice and specifically, the FBI. In the 112th Congress, Lynch, with the support of the Oversight Committee and Senator Charles E. Grassley, led a more than yearlong investigation to examine the relationship between the FBI Boston Division and an individual known as Mark Rossetti. Importantly, the investigation facilitated an internal review of the FBI's Rossetti case files by an FBI Inspection team deployed to Boston in 2011 and confirmation of Rossetti's previous status as a longtime FBI confidential informant.Lynch's letter to Holder can be found here.
Filed in LegislationPermalink
The FBI has special rules governing the authorization of informant crime. Referred to as "Tier 1" and "Tier 2 Otherwise Illegal Activity," handlers can approve the commission of crimes by their informants, as long as the informant does not personally commit perjury or a violent crime. Permissible crimes include: drug trafficking, crimes of violence committed by persons other than the informant, and the provision to a third party of "a controlled substance, an explosive, firearm, or other dangerous weapon...with little or no expectation of its recovery by the FBI." Those rules can be found in the U.S. Dep't of Justice Guidelines for the FBI's Use of Confidential Human Sources.While 5,600 crimes may sound like a lot, this is the tip of the informant crime iceberg. As the USA Today story put it,
Crimes authorized by the FBI almost certainly make up a tiny fraction of the total number of offenses committed by informants for local, state and federal agencies each year. The FBI was responsible for only about 10% of the criminal cases prosecuted in federal court in 2011, and federal prosecutions are, in turn, vastly outnumbered by criminal cases filed by state and local authorities, who often rely on their own networks of sources.In fact, the FBI has some of the best accountability and transparency rules in this area. Many state and local police departments lack guidelines for documenting or authorizing informant crime, leaving it to the discretion of individual officers to decide whether and under what circumstances their informants will be permitted to commit new crimes.
Filed in Informant CrimePermalink
Accused of domestic terrorism in the course of the Chicago NATO summit, Brian Church, Brent Betterly and Jared Chase were arguably victims of police entrapment and the use of "Red Squad" tactics the Chicago police were formerly enjoined from employing....Dubbed the "NATO 3" in media reports, they face maximum sentences of 85 years in prison apiece if convicted, under a decade-old Illinois law that had never been used before. And that was without ever carrying out an attack....Their case is a big one. It's the new face of US counterterrorism investigations - a template for pre-crime arrests, performed through entrapment by police - to stop supposedly dangerous political acts before they happen.
Filed in TerrorismPermalink
[Thirty-year law enforcement veteran Chuck] Drago and [former police commissioner Peter] Keane both believe that the existence of rogue informants for SFPD's specialized Gang Task Force and Narcotics Bureau indicates serious flaws in the department's internal checks and balances. (The SFPD's Narcotics Bureau, Gang Task Force, and Media Relations Office wouldn't comment on the department's handling of violent informants for this story.) "Somebody is dropping the ball in management," says Drago. "SFPD have let loose an unguided missile on the public" by allowing dangerous men like Sandoval (and, as we'll see, at least one other) to stay at large in spite of their offenses, says Keane. "No modern police force with any professionalism engages in that sort of practice anymore."
Filed in Drug-relatedPermalink
Participant Media has created a great public information site to accompany the movie, with stats and stories about the drug war, mandatory minimums, and informants. Check it out: www.TakePart.com/SNITCH. They've also made a hilarious mini-video about the crazy world of the war on drugs. Watch it here: SNITCH: Lock it Down America!
In January, Washington State Senator Adam Kline introduced legislation, SB 5373, that would regulate the use of drug informants like Jeremy. The bill would ban the use of informants who are 16 years old and under, require police to tell informants about their obligations and potential rewards in writing, and establish new accountability mechanisms for keeping track of informant use. It's an important bill, particularly the restriction on using juvenile informants which few states currently have.
A similar pay-for-information scheme was discovered in a federal prison in Louisiana, after Ann Colomb and her three sons were wrongfully convicted based on the testimony of dozens of snitch inmates. See this post: Professional Prison Snitch Ring.
Filed in Jailhouse InformantsPermalink
Their convictions were based on the perjured testimony of criminal informant Matthew Dunham, a convicted robber who received a 17-month sentence in exchange for his testimony. Another co-defendant later admitted that he and Dunham had fabricated their testimony against Larson, Gassman and Statler.
This is an important case for a number of reasons. First, it is extraordinarily difficult to challenge convictions after the fact, even where new evidence demonstrates innocence. A judge had previously denied the defendants' motion for a new trial after it was discovered that Dunham had lied, so the fact that the parties persevered and a court ruled in their favor makes this case uncommon.
Second, the case highlights how the lack of financial support for public defense in this country leads to miscarriages of justice. The attorneys representing the Spokane defendants were paid the paltry sum of $1,400 per case for cases that required hundreds of hours of investigation and preparation. Low attorney fees for complex cases are pervasive in many states, and they mean that even skilled well-meaning attorneys do not have the resources to defend such cases properly. For an indepth report on the phenomenon, see this U.S. Department of Justice Report: Contracting for Indigent Defense Services: A Special Report (April 2000).
Finally, it took years of work on the part of the Innocence Project and the families to bring about this reversal. The Statler family's efforts were extraordinary: as a result of their persistence, a Washington state legislator introduced a bill that would reduce the risks of informant use and future wrongful convictions. Such efforts were necessary because the criminal system does not have good internal mechanisms to protect defendants from lying informants--wrongful convictions are difficult to unearth and even harder to fix. As happens all too often, the legal system finally came to the right result in this case only because the families refused to give up.
Filed in InnocencePermalink
Ms. George also became a prime example of how informing, or in federal parlance, providing "substantial assistance" to the government, can turn the justice system upside down. Ms. George's boyfriend--a cocaine dealer and ringleader--and other members of the drug ring received lower sentences than she did because they became informants. Because Ms. George had no information, she couldn't snitch and therefore U.S. District Court Judge Roger Vinson had no discretion to lower her sentence, a sentence that the judge himself considered draconian and unfair. From the story:
"[Stephanie George] was not a major participant by any means, but the problem in these cases is that the people who can offer the most help to the government are the most culpable," Judge Vinson said recently. "So they get reduced sentences while the small fry, the little workers who don't have that information, get the mandatory sentences."Judge Vinson's comment reflects an intentional design feature of federal drug law. Because becoming an informant is the only way a defendant can avoid harsh mandatory minimums, snitching has become pervasive in the federal criminal system.
Filed in Drug-relatedPermalink
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